Siddharth & ORS. v. State Of NCT Of Delhi & ANR.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4713/2018 SIDDHARTH & ORS.

.... Petitioners Through:

Mr. L.P. Singh, Mr. Abhinav Nimkar, Mr. Gulshan and Mr.

Anil Kumar, Advs. with the petitioners in person versus STATE OF NCT OF DELHI & ANR.

.... Respondents Through:

Mr. Kamal Kumar Ghei, APP R-2 with counsel (name not given)

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 03.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.80/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.: Shahbad Dairy, Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a joint statement as is evident from the order dated 23.5.2017 of the Judge, Family Court, North Rohini, Delhi, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands

dissolved vide decree of divorce dated 2.1.2017. 3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay the balance amount of Rs.2.5 lacs to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.2.5 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.135917 dated 1.5.2019 for an amount of Rs.2.5 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be quashed.

5.

Learned APP for the State as well as learned counsel for the parties have identified the parties and have also verified the settlement arrived at between the parties.

6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 80/2015, under Sections 498-A/406/34 of the IPC, registered at P.S.: Shahbad Dairy, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 03, 2019/rk